Title Deed Particulars | Types | Importance | Content | Role Of Attorney | FAQ
Have you heard of the title deed? The deed is by far one of the most important documents that serve an important purpose. It is also known as the sale deed and is a prime real estate document. It serves an important and specific purpose in India and other nations too. Let us see the details of what this document is all about, and the information it contains.
The Title Deed Particulars
If you trace the origin of the title deed papers, you will find that they date back a long time ago. Back then the papers were recorded in the country records office. However, a lot of changes have come up ever since then. These papers are indicative of the ownership of properties by the person who is choosing to buy them. So, whenever a sale of property occurs with a transfer of ownership, these papers will come into effect. It is mandatory that the details of these papers be filled in correctly. It should also offer all the right information in the best manner.
The title deed is filled with several vital information. It will list facts like the owner of the property, the rights of the owner, the value of the property and so on. So, this document is very important and serves a plethora of use, to say the least.
Now that we have established the preliminary facts, let us take a look at further details.
The Types Of Title Deeds
The title deed is a formal document that helps in defining the details of the property. It will state who owns it, who inherits it, the hierarchical inheritance details, and the transfer details as well. With this document, one can get process details and know the specifics of who owned what part of the land. You will also know how it has been passed over from one generation to the other.
So, now let us see the different types of deeds that are present and what each of them means.
1. Warranty Deeds
These deeds are one of the most important documents from the perspective of the company. They help in protecting the firm from liability. One has to make sure that they draft, review and sign the deeds. Most companies will have a separate and dedicated legal team to overview the whole process.
There are a lot of reasons why one makes warranty deeds. Let us see what they are.
- For transferring the property rights of a certain product to the buyer
- For protecting the rights of a party in case of contractual agreements
- For providing buyers with different types of warranty against defects in materials or services
In such a deed, the guarantor will transfer the real property to the grantee. In exchange, the grantee may or may not give something as per the clause of the deed. The specific particulars of the deed will be mentioned and both parties need to agree to the terms and clauses. Whatever the promise they are holding to, one has to be sure that they adhere to all of it.
2. Gifts
This is another type of title document. Here, the ownership gets transferred to the bearer and they usually don’t need to pay anything in exchange for it. This is given as a form of gift and the new owner will have the free right to use, sell or do what they want with this piece of land. Usually, gifts are given during small and big celebrations including birthdays, anniversaries, and more. The transferred land then becomes the property of the bearer.
3. Chattel Mortgages
This is a different type of mortgage that is usually given to those who are not likely to qualify for the regular mortgage. This may be because of a bad credit score or because their income isn’t good enough to let them qualify for a mortgage. With the help of this mortgage, they will be able to make a monthly payment on the loans.
This type of mortgage has been around for a long time. It can be traced back to the 1970s. Earlier, you could find people using this form of the mortgage while they were buying vehicles and cars. However, things have changed considerably and these are now used for house loans as well. There has been a massive surge in the number of people who have been using this type of mortgage.
4. Quit Claims
This is yet another legal document that finds a great deal of use. In this form or document, you claim your right as the owner of the property and relinquish your rights as a tenant. The document will contain details of the property description, the contact particulars of the landlord, and any other information that may be deemed important or needs an update from time to time.
These documents can be used in divorce cases too. It is essentially a way to legally announce a new start.
5. Pledges
This is a form of title deed wherein a property is given to another by transferring the title. It is different from a mortgage as no money is borrowed or offered.
So, these are the different types of title deeds and each document has a purpose of its own. It is very important that you allow yourself to understand the meaning and importance of each of these and thereby put the right document to use as per your needs. There is some difference between title deeds and sale deeds and you can read more to be clear with the concept.
Is A Title Deed Important For House Selling?
The answer is both a yes and a no. Usually, whenever someone is looking to buy your home, they will ask you for the title deed as it is the actual proof of ownership. When they check the title deed, they will be sure that you are the owner of the home and that there are no liens or other claims on it. It is also important to check the name of the owner on the title deed as it allows the buyers to check that there are no pending cases or mortgage claims on the land they are choosing to buy.
At the same time, this document is not mandatory if you are selling the property for an amount that is less than the amount that is mentioned in the law. However, if your property is being sold for an amount higher than that or it entails a great deal of repair, you will then need to get the deed from the government.
Content Of The Title Deed
Here are some of the obvious content that the title deed seems to have.
- The owner’s name: This is an absolute must and needs to be present on the title deed
- The location: The complete address of the property should be listed in the document
- Property Description: This is also compulsory as one needs to have a short and precise account of what the property looks like. This helps people to draw a rough sketch of the property and thereby know what to expect out of it.
- The title on the real estate tax records
So, you can clearly understand the wide array of information that is a part of the title deed and how it will help you state the facts when it comes to property dealings and transactions.
The Role Of Title Deed Attorney
As technology continues to change its role and evolve, legal document scanners have also come into play. With the help of these scanners, one can easily scan copies and documents and thereby enjoy better and wider accessibility and ease of use.
However, scanning such documents is a lot of work. You will be amazed at the amount of effort and time that goes into formatting the documents and ensuring that are well-proofread and free of all types of errors. This is why one has to be sure that they are opting for the services of a paralegal.
The paralegals work with such document day in and day out and therefore they are fully proficient in the ideals of formatting such documents. They have firsthand knowledge of how to proofread the documents, weed out errors, and align them in a scannable format. So, you cannot completely eliminate the role of a paralegal but their importance surely has been curtailed significantly.
Legal document scanners are high-end scanners that help in reading and thereby converting physical paper into digital formats. Different scanners come with varying speed and their speed of conversion is also vastly different.
The paralegal software too has evolved significantly and you will be surprised to see how advanced it has become. You will find a lot of them come packed with a wide variety of features like even searchable notes that have the provision of searching invoices or contracts.
FAQ
What do you mean by title deeds?
A title deed is a contract that helps in transferring ownership rights from the owner to the buyer. With the help of this document, the buyer will become the legal owner of the property and this can be proven in a court of law.
Is a title deed of property absolutely compulsory when selling lands?
No, it is not compulsory to have a title deed when you are selling the land if the value at which the land is being sold is less than what is mentioned in the books of law. If this value increases, the title deed will become compulsory.
Is the gift deed also a part of the title deed?
Yes, gift deeds are a type of title deed where the bearer doesn’t need to pay anything in exchange for the property received. There are several different types of title deeds and each one of them has a purpose to serve.
How can you apply for a title deed?
You will need to avail the services of an attorney who will assist you through the process